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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86563
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A mechanic I hired was supposed to replace my timing belt.

Resolved Question:

A mechanic I hired was supposed to replace my timing belt. I paid the money, he fixed it, but immediately when I drove it off the lot it was making a noise. I brought my car back the very next day, he proceeded to tell me it wasnt the timing belt, it was making noise because the weather was cold. He said when the weather heats up it will go away. It didnt, it only got louder, the very next week I brought it back, he pult a heavier oil in my engine, to quiet it down, it didnt it quiet. I brought it back 2 weeks later, for the same noise, they looked under the hood, and told me it would go away. One week after that I took it to another mechanic, and they told me it was my throttle screen, I bought a new one. But the noise still persisted. I took it to a new mechanic 2 weeks later for the noise, and they told me it was the weather also. Ive kept oil changes, and my maintenance up. Two weeks ago, my engine started having a high pitched rattling sound, I couldnt drive my car. Just this passed Monday, my friends dad who is a mechanic, had my vehicle towed, and he looked at it, he immediately told me it was the timing belt assembly. He replaced the timing belt parts, and told me it was not the engine. I have my car back and have had no problems but I had to pay more money to get it fixed again. What do I do? How do I proceed?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me how much more you had to pay to have the issue taken care of (while it was supposed to be taken care of the first time)?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
My vehicle wasn't making noise before I took it to the first mechanic, I paid him $692.00. The mechanic that refixed the timing belt charged me another $600. I took my vehicle back to the first mechanic today and he told me he'd only pay me $250.00, which is not right.
Expert:  Ely replied 1 year ago.
Thank you, A.

At this point, you may wish to pursue the amount of the cost of which it cost extra to fix the vehicle after supposedly the other party had done so, in small claims court - see here.

To sue in a court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

Here, this may very well be a breach of contract. A breach of contract is defined as (1) a contract existed, (2) the contract was breached, and (3) damages flowed from that breach. A.R. Holland, Inc. v. Wendco Corp., 884 So. 2d 1006, 1008 (Fla. 1st DCA 2004).

As such, the Court should then give you in judgment what you had to pay EXTRA for the matter to be fixed, wherein it should have been fixed in the first place.

If you need a letter threatening to file suit unless they pay you in the first place, let me know. Often this will work and the party pays just to avoid litigation.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


I will need a letter to file suit, if you can do that for me. I also have another question in regards XXXXX XXXXX truck.

Expert:  Ely replied 1 year ago.
Hello friend,

The letter would be to to threaten to file suit, if this is what you meant.

What is the question about the truck?
Customer: replied 1 year ago.

Where would I be able to obtain the document to "threaten to file suit"? My second question is, when my truck was making that retched noise two weeks ago, I hired a mobile mechanic, he came out to look at my car. He told me it was the engine, and he bought a heavier oil, to subside the noise. It didnt help, he then proceeds to tell me that he would have to rebuild the engine. I at this point couldnt drive my vehicle, so he called a junkyard he does business with, and told me that the dealer usually sells engines for $1,200, but that he would sell the mechanic the engine for $800. So after hearing from 2 different mechanics before this guy that it was my engine, and being stuck walking with my autistic son, I went with what this current mechanic said. He said he would put a whole new engine in my truck for $1,900. He said he needed a deposit to hold the engine. I told him all I had was $400.00 until July. So I withdrew the money from my account and handed it to him. I signed, a paper, but he refused to give me a copy of the reciept. This Monday the mechanic that fixed my timing belt told me he wouldnt charge me that much. So I went with the cheaper price, when I called the mechanic I gave the $400 to for my money back he got upset, told me I cant change my mind, told me he had everything set up. I asked him if he had already got my engine, and he said No. Yes Im stupid for not being more aggressive in getting a reciept from him, but what can I do to get my money back, if anything. I do have the withdrawel statement from my bank but, Im at a loss.

Expert:  Ely replied 1 year ago.
Anjel,

One second please while I am typing out the answer.
Customer: replied 1 year ago.


no problem

Expert:  Ely replied 1 year ago.
Where would I be able to obtain the document to "threaten to file suit"?

This is an informal letter. For an example - see below:

Dear _____________,

This correspondence is in regards XXXXX XXXXX vehicle that I had served at your shop on ___, primarily (explain vehicle type and what was wrong with it).

After the service, the vehicle still did not work properly, and I had to have it looked at again (explain by whom and at what cost).

The consensus was the original service was lacking. As such, demand is now made for $____, which is the amount it cost me OVER the original cost to have the original issue fixed.

If this payment is not forthcoming in ___ days of your receipt of this certified letter, I may have no choice but to pursue a breach of contract claim in Court.

Sincerely,

Signature

Name


As for your second question, it is essentially a a claim of he said / she said, and you can take it to Court, but it would be up to whomever the Judge believes most.

Surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86563
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Alright thank you very much.

Expert:  Ely replied 1 year ago.
You are quite welcome.

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